Litigation Lawyers in Leon County

If you live in , Florida, and believe that you have suffered some type of legal wrong, you may wish to file a lawsuit against the person who allegedly wronged you.

If you think that filing a lawsuit is a good option in seeking redress, you should not rush into this decision. A lawsuit is a time-consuming and expensive process. You should not make a final decision without speaking to a Leon County, Florida attorney.

Once you contact a Leon County, Florida litigation attorney, he or she will be able to advise you on your chances of succeeding in your lawsuit. Moreover, your lawyer can inform you on what a lawsuit is likely to cost, both in time and money. Obviously, your lawyer has some control over what it will cost you, based on their fees, and whether they bill an hourly rate, or charge on a contingency rate.

Steps for Filing a Lawsuit in Leon County, Florida

Consultation With Your Attorney: Before filing any lawsuit in Leon County, Florida, you should speak with a local attorney. Your Leon County, Florida attorney will be able to advise you on the merits of your lawsuit, and your chances of success.

Drafting a Complaint: Once you have decided to go through with filing a lawsuit in a Leon County, Florida court, you need to draft a complaint, with the help of your lawyer. A complaint is typically the first step in actually filing a lawsuit. The complaint is the plaintiff's first opportunity to lay out the allegations against the defendant. If a complaint doesn't allege facts that add up to a valid lawsuit (that is, even if everything alleged in the complaint is true, the defendant has still not committed a legal wrong that the court can compensate), the case will have to be dismissed. When a case is dismissed for this reason, the court typically gives the plaintiff a chance to re-submit the complaint, with the errors corrected.

Serving The Defendant: Once you have drafted your complaint, you need to serve the defendant with it, and file it with the court. Leon County, Florida requires that lawsuits be served on defendants in a specific way. This is to ensure that the defendant has a good deal of notice that they're being sued, giving them time to find an attorney, and work on how they're going to defend themselves. It is strongly preferred to serve defendants in person (with a disinterested third party delivering the papers to the defendant). Sometimes, however, the defendant cannot be found, or is trying to avoid service, they can be served by mail with court approval.

Await the Response: The defendant in Leon County, Florida has an opportunity to respond to the allegations against them. They have various options in how they respond to a lawsuit. They can move to dismiss the case (arguing that, even if everything the complaint alleges is true, they would still not be liable for anything), or they can file with the court, and serve upon the plaintiff an answer. An answer is a point-by-point disposal of every allegation against the defendant. The defendant can admit the allegations, deny them, or claim that they do not have enough information to admit or deny them (which basically operates as a denial). Typically, the defendant will admit the inconsequential allegations, so they don't have to be litigated (if the lawsuit is about a car accident involving the plaintiff and defendant, they'll probably go ahead and admit that the accident took place), but deny any allegation that could establish liability, if true (they'll deny responsibility for the car accident, for example). If the defendant does not respond by the deadline, they will have a default judgment entered against them, and automatically lose the case.

How Can A Leon County, Florida Tort Lawyer Help?

As you can see, it can be an intricate and difficult process to file a lawsuit in Leon County, Florida, and it is, in fact, much more intricate than the basic outline you just read.

Therefore, if you want to file a lawsuit against someone in Leon County, Florida, you should not hesitate to speak with an attorney, who will be able to advise you on the best way to proceed.